State Codes and Statutes

Statutes > New-york > Eln > Article-10 > 10-106

§  10-106.  Military voters; registration and application for ballots.  1.  On or before the thirty-fifth day preceding an  election  the  names  and  addresses  of  all  military voters who have filed applications for  military ballots by such day and who were not already  registered  shall  be  registered  by  the  board  of elections in the election district of  residence of such military voter as hereinafter provided.    2. Such board of elections shall  cause  such  military  voter  to  be  registered  in  the  manner  provided  by this chapter, and in the space  designated "other remarks" shall be entered the military address of such  voter or such military address shall be entered into the computer  files  from  which  the  computer generated registration list is prepared. Such  registration poll records shall be stamped or marked conspicuously  with  the  legend  "Military  Voter" or the records of such military voters in  such computer files shall be coded in a manner which distinguishes  such  voters  from the other voters in such files. The foregoing provisions of  this subdivision as to entry of the military address may be  altered  by  the  state  board of elections to such extent as may be necessary to the  security and safety of the United States. A military voter shall not  be  required  to  register  personally. An application for a military ballot  shall constitute permanent personal registration and  a  military  voter  shall  be  deemed  registered under the rules and regulations prevailing  under permanent personal registration upon the filing of his application  and the entering of his name in the appropriate registration records.    3. (a) In addition to any other method of registering to  vote  or  of  applying  for  a  military  ballot, a military voter may request a voter  registration application or military  ballot  application  by  facsimile  transmission  to the board of elections or pursuant to the Uniformed and  Overseas Citizens Absentee Voting Act or by electronic mail. When making  such a request, the  military  voter  may  designate  a  preference  for  transmission  of such voter registration application and military ballot  application pursuant to section 10-107 of this article.    (b) The military ballot application shall allow the military voter  to  designate  a preference for transmission of the military ballot pursuant  to section 10-107 of this article.    (c) The procedures  for  receiving  documents  from  and  transmitting  documents  to a military voter shall, to the extent practicable, protect  the security and  integrity  of  the  military  voter  registration  and  military  ballot  application request process and protect the privacy of  the military voter, including the voter's identity  and  other  personal  data.  Nothing in this paragraph shall limit the information that may be  obtained pursuant to section 3-220 of this chapter.    4. Not earlier than the ninetieth or later than the seventy-fifth  day  before  each  general  election,  each county or city board of elections  shall send, in accordance with  the  preferred  method  of  transmission  designated  by  the voter pursuant to section 10-107 of this article, to  each person who is registered as a military voter  and  to  every  other  military  voter  in  such  county  or  city  for  whom it has a military  address, an application for a military ballot for such general  election  in  a  form  prescribed  by  the  state  board of elections, which shall  include a place for such military voter to enroll in a party, and  shall  include the return address of such board of elections.    5. The state board of elections shall forward to the appropriate board  of  elections  all  applications for military ballots received by it. An  application from a military voter  not  previously  registered  must  be  received  by  the appropriate board of elections not later than ten days  before a general or  special  election  or  twenty-five  days  before  a  primary  election  in  order  to  entitle  the applicant to vote at such  election. An application from a military voter who is already registeredmust be received at least seven days before  an  election  in  order  to  entitle  the  applicant  to  vote  at  such  election;  except  that  an  application from such a military voter who delivers his  application  to  the  board  of  elections in person, must be received not later than the  day before the election.    6. The board of elections shall immediately add to  such  registration  records  the  name  and residence and military address of every military  voter, who was not previously registered, pursuant to this chapter, from  whom it receives a valid application for a military ballot. If  a  valid  application  for  a  military ballot is received by a board of elections  from a person already registered, other than as a military  voter,  from  the  residence  address  set forth in such application, such board shall  mark the registration records of such voter in the same  manner  as  the  registration records of other military voters.    7.  The  board  of elections in each year shall cause a list of names,  residence addresses and, for a primary election,  party  enrollments  of  military  voters  appearing  on  such  registration  poll  records to be  prepared not later than seven days preceding an election. One copy shall  be kept at the office of the board of elections for  public  inspection.  The  board  shall  transmit  one  copy to the chairman of each political  party in the county, upon written request.    7-a. If a federal post card application form is received from a person  who is qualified to vote as a military voter but who has not  previously  registered pursuant to the provisions of this article, such federal post  card application form shall be treated in all respects as an application  for  registration  and enrollment as a military voter and for a military  ballot pursuant to the provisions of this article.  If  such  a  federal  post  card application form is received from a person already registered  as a military voter pursuant to the provisions  of  this  article,  such  application  shall  be  treated  in all respects as an application for a  military ballot pursuant to the provisions of this article.    8. If the board of elections denies the application  of  a  person  in  military  service  to  register to vote or to receive a military ballot,  such board of elections shall immediately send the applicant  a  written  explanation for such denial.    10.  A  qualified voter who shall have been inducted into or who shall  have enlisted in the military service and who shall not have  taken  his  oath  of  allegiance prior to thirty days preceding a general or special  election, or the spouse, parent or child residing in the  same  election  district  as, and accompanying such voter, may register before the board  of elections of his county of residence, on  or  before  the  tenth  day  preceding such election, provided he shall, on or before the day of such  election,  actually  be  in  the military service. Such voter shall then  receive a military ballot. Such registration  record  shall  be  stamped  with the legend "military voter".    11.  A  board  of  elections  may send to any spouse, parent, or adult  child, brother or sister of a military voter serving inside  or  outside  of  the  continental  limits  of the United States, an application for a  military ballot, in a form prescribed by the state board  of  elections.  Such  application  shall  be  on a postcard addressed to the appropriate  board of elections and shall include the statement  "I  understand  that  this  application will be accepted for all purposes as the equivalent of  an affidavit and, if it  contains  a  material  false  statement,  shall  subject  me  to  the  same  penalties as if I had been duly sworn". Such  application may be signed by the spouse, parent or adult child,  brother  or  sister  of  such military voter. Upon receipt of such an application  from such a relative of a military voter, the board of  elections  shall  mail  a  military  ballot  to  such  military  voter  together  with  anapplication for a military ballot and instructions that such application  must be completed and returned together with the envelope containing the  military ballot. No ballot sent to a military voter upon the application  of a relative of such military voter shall be cast or canvassed unless a  completed  application for military ballot signed by such military voter  is returned within the time limits  for  the  receipt  of  the  military  ballot itself.    12.  If  the  board of elections receives notice from a military voter  that such voter has left the military service and  is  residing  at  his  residence  address,  such  board shall cross out or otherwise obliterate  the "Military Voter" legend on such  voter's  registration  records  and  thereafter treat such records in the manner provided by this chapter for  regularly registered voters.

State Codes and Statutes

Statutes > New-york > Eln > Article-10 > 10-106

§  10-106.  Military voters; registration and application for ballots.  1.  On or before the thirty-fifth day preceding an  election  the  names  and  addresses  of  all  military voters who have filed applications for  military ballots by such day and who were not already  registered  shall  be  registered  by  the  board  of elections in the election district of  residence of such military voter as hereinafter provided.    2. Such board of elections shall  cause  such  military  voter  to  be  registered  in  the  manner  provided  by this chapter, and in the space  designated "other remarks" shall be entered the military address of such  voter or such military address shall be entered into the computer  files  from  which  the  computer generated registration list is prepared. Such  registration poll records shall be stamped or marked conspicuously  with  the  legend  "Military  Voter" or the records of such military voters in  such computer files shall be coded in a manner which distinguishes  such  voters  from the other voters in such files. The foregoing provisions of  this subdivision as to entry of the military address may be  altered  by  the  state  board of elections to such extent as may be necessary to the  security and safety of the United States. A military voter shall not  be  required  to  register  personally. An application for a military ballot  shall constitute permanent personal registration and  a  military  voter  shall  be  deemed  registered under the rules and regulations prevailing  under permanent personal registration upon the filing of his application  and the entering of his name in the appropriate registration records.    3. (a) In addition to any other method of registering to  vote  or  of  applying  for  a  military  ballot, a military voter may request a voter  registration application or military  ballot  application  by  facsimile  transmission  to the board of elections or pursuant to the Uniformed and  Overseas Citizens Absentee Voting Act or by electronic mail. When making  such a request, the  military  voter  may  designate  a  preference  for  transmission  of such voter registration application and military ballot  application pursuant to section 10-107 of this article.    (b) The military ballot application shall allow the military voter  to  designate  a preference for transmission of the military ballot pursuant  to section 10-107 of this article.    (c) The procedures  for  receiving  documents  from  and  transmitting  documents  to a military voter shall, to the extent practicable, protect  the security and  integrity  of  the  military  voter  registration  and  military  ballot  application request process and protect the privacy of  the military voter, including the voter's identity  and  other  personal  data.  Nothing in this paragraph shall limit the information that may be  obtained pursuant to section 3-220 of this chapter.    4. Not earlier than the ninetieth or later than the seventy-fifth  day  before  each  general  election,  each county or city board of elections  shall send, in accordance with  the  preferred  method  of  transmission  designated  by  the voter pursuant to section 10-107 of this article, to  each person who is registered as a military voter  and  to  every  other  military  voter  in  such  county  or  city  for  whom it has a military  address, an application for a military ballot for such general  election  in  a  form  prescribed  by  the  state  board of elections, which shall  include a place for such military voter to enroll in a party, and  shall  include the return address of such board of elections.    5. The state board of elections shall forward to the appropriate board  of  elections  all  applications for military ballots received by it. An  application from a military voter  not  previously  registered  must  be  received  by  the appropriate board of elections not later than ten days  before a general or  special  election  or  twenty-five  days  before  a  primary  election  in  order  to  entitle  the applicant to vote at such  election. An application from a military voter who is already registeredmust be received at least seven days before  an  election  in  order  to  entitle  the  applicant  to  vote  at  such  election;  except  that  an  application from such a military voter who delivers his  application  to  the  board  of  elections in person, must be received not later than the  day before the election.    6. The board of elections shall immediately add to  such  registration  records  the  name  and residence and military address of every military  voter, who was not previously registered, pursuant to this chapter, from  whom it receives a valid application for a military ballot. If  a  valid  application  for  a  military ballot is received by a board of elections  from a person already registered, other than as a military  voter,  from  the  residence  address  set forth in such application, such board shall  mark the registration records of such voter in the same  manner  as  the  registration records of other military voters.    7.  The  board  of elections in each year shall cause a list of names,  residence addresses and, for a primary election,  party  enrollments  of  military  voters  appearing  on  such  registration  poll  records to be  prepared not later than seven days preceding an election. One copy shall  be kept at the office of the board of elections for  public  inspection.  The  board  shall  transmit  one  copy to the chairman of each political  party in the county, upon written request.    7-a. If a federal post card application form is received from a person  who is qualified to vote as a military voter but who has not  previously  registered pursuant to the provisions of this article, such federal post  card application form shall be treated in all respects as an application  for  registration  and enrollment as a military voter and for a military  ballot pursuant to the provisions of this article.  If  such  a  federal  post  card application form is received from a person already registered  as a military voter pursuant to the provisions  of  this  article,  such  application  shall  be  treated  in all respects as an application for a  military ballot pursuant to the provisions of this article.    8. If the board of elections denies the application  of  a  person  in  military  service  to  register to vote or to receive a military ballot,  such board of elections shall immediately send the applicant  a  written  explanation for such denial.    10.  A  qualified voter who shall have been inducted into or who shall  have enlisted in the military service and who shall not have  taken  his  oath  of  allegiance prior to thirty days preceding a general or special  election, or the spouse, parent or child residing in the  same  election  district  as, and accompanying such voter, may register before the board  of elections of his county of residence, on  or  before  the  tenth  day  preceding such election, provided he shall, on or before the day of such  election,  actually  be  in  the military service. Such voter shall then  receive a military ballot. Such registration  record  shall  be  stamped  with the legend "military voter".    11.  A  board  of  elections  may send to any spouse, parent, or adult  child, brother or sister of a military voter serving inside  or  outside  of  the  continental  limits  of the United States, an application for a  military ballot, in a form prescribed by the state board  of  elections.  Such  application  shall  be  on a postcard addressed to the appropriate  board of elections and shall include the statement  "I  understand  that  this  application will be accepted for all purposes as the equivalent of  an affidavit and, if it  contains  a  material  false  statement,  shall  subject  me  to  the  same  penalties as if I had been duly sworn". Such  application may be signed by the spouse, parent or adult child,  brother  or  sister  of  such military voter. Upon receipt of such an application  from such a relative of a military voter, the board of  elections  shall  mail  a  military  ballot  to  such  military  voter  together  with  anapplication for a military ballot and instructions that such application  must be completed and returned together with the envelope containing the  military ballot. No ballot sent to a military voter upon the application  of a relative of such military voter shall be cast or canvassed unless a  completed  application for military ballot signed by such military voter  is returned within the time limits  for  the  receipt  of  the  military  ballot itself.    12.  If  the  board of elections receives notice from a military voter  that such voter has left the military service and  is  residing  at  his  residence  address,  such  board shall cross out or otherwise obliterate  the "Military Voter" legend on such  voter's  registration  records  and  thereafter treat such records in the manner provided by this chapter for  regularly registered voters.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eln > Article-10 > 10-106

§  10-106.  Military voters; registration and application for ballots.  1.  On or before the thirty-fifth day preceding an  election  the  names  and  addresses  of  all  military voters who have filed applications for  military ballots by such day and who were not already  registered  shall  be  registered  by  the  board  of elections in the election district of  residence of such military voter as hereinafter provided.    2. Such board of elections shall  cause  such  military  voter  to  be  registered  in  the  manner  provided  by this chapter, and in the space  designated "other remarks" shall be entered the military address of such  voter or such military address shall be entered into the computer  files  from  which  the  computer generated registration list is prepared. Such  registration poll records shall be stamped or marked conspicuously  with  the  legend  "Military  Voter" or the records of such military voters in  such computer files shall be coded in a manner which distinguishes  such  voters  from the other voters in such files. The foregoing provisions of  this subdivision as to entry of the military address may be  altered  by  the  state  board of elections to such extent as may be necessary to the  security and safety of the United States. A military voter shall not  be  required  to  register  personally. An application for a military ballot  shall constitute permanent personal registration and  a  military  voter  shall  be  deemed  registered under the rules and regulations prevailing  under permanent personal registration upon the filing of his application  and the entering of his name in the appropriate registration records.    3. (a) In addition to any other method of registering to  vote  or  of  applying  for  a  military  ballot, a military voter may request a voter  registration application or military  ballot  application  by  facsimile  transmission  to the board of elections or pursuant to the Uniformed and  Overseas Citizens Absentee Voting Act or by electronic mail. When making  such a request, the  military  voter  may  designate  a  preference  for  transmission  of such voter registration application and military ballot  application pursuant to section 10-107 of this article.    (b) The military ballot application shall allow the military voter  to  designate  a preference for transmission of the military ballot pursuant  to section 10-107 of this article.    (c) The procedures  for  receiving  documents  from  and  transmitting  documents  to a military voter shall, to the extent practicable, protect  the security and  integrity  of  the  military  voter  registration  and  military  ballot  application request process and protect the privacy of  the military voter, including the voter's identity  and  other  personal  data.  Nothing in this paragraph shall limit the information that may be  obtained pursuant to section 3-220 of this chapter.    4. Not earlier than the ninetieth or later than the seventy-fifth  day  before  each  general  election,  each county or city board of elections  shall send, in accordance with  the  preferred  method  of  transmission  designated  by  the voter pursuant to section 10-107 of this article, to  each person who is registered as a military voter  and  to  every  other  military  voter  in  such  county  or  city  for  whom it has a military  address, an application for a military ballot for such general  election  in  a  form  prescribed  by  the  state  board of elections, which shall  include a place for such military voter to enroll in a party, and  shall  include the return address of such board of elections.    5. The state board of elections shall forward to the appropriate board  of  elections  all  applications for military ballots received by it. An  application from a military voter  not  previously  registered  must  be  received  by  the appropriate board of elections not later than ten days  before a general or  special  election  or  twenty-five  days  before  a  primary  election  in  order  to  entitle  the applicant to vote at such  election. An application from a military voter who is already registeredmust be received at least seven days before  an  election  in  order  to  entitle  the  applicant  to  vote  at  such  election;  except  that  an  application from such a military voter who delivers his  application  to  the  board  of  elections in person, must be received not later than the  day before the election.    6. The board of elections shall immediately add to  such  registration  records  the  name  and residence and military address of every military  voter, who was not previously registered, pursuant to this chapter, from  whom it receives a valid application for a military ballot. If  a  valid  application  for  a  military ballot is received by a board of elections  from a person already registered, other than as a military  voter,  from  the  residence  address  set forth in such application, such board shall  mark the registration records of such voter in the same  manner  as  the  registration records of other military voters.    7.  The  board  of elections in each year shall cause a list of names,  residence addresses and, for a primary election,  party  enrollments  of  military  voters  appearing  on  such  registration  poll  records to be  prepared not later than seven days preceding an election. One copy shall  be kept at the office of the board of elections for  public  inspection.  The  board  shall  transmit  one  copy to the chairman of each political  party in the county, upon written request.    7-a. If a federal post card application form is received from a person  who is qualified to vote as a military voter but who has not  previously  registered pursuant to the provisions of this article, such federal post  card application form shall be treated in all respects as an application  for  registration  and enrollment as a military voter and for a military  ballot pursuant to the provisions of this article.  If  such  a  federal  post  card application form is received from a person already registered  as a military voter pursuant to the provisions  of  this  article,  such  application  shall  be  treated  in all respects as an application for a  military ballot pursuant to the provisions of this article.    8. If the board of elections denies the application  of  a  person  in  military  service  to  register to vote or to receive a military ballot,  such board of elections shall immediately send the applicant  a  written  explanation for such denial.    10.  A  qualified voter who shall have been inducted into or who shall  have enlisted in the military service and who shall not have  taken  his  oath  of  allegiance prior to thirty days preceding a general or special  election, or the spouse, parent or child residing in the  same  election  district  as, and accompanying such voter, may register before the board  of elections of his county of residence, on  or  before  the  tenth  day  preceding such election, provided he shall, on or before the day of such  election,  actually  be  in  the military service. Such voter shall then  receive a military ballot. Such registration  record  shall  be  stamped  with the legend "military voter".    11.  A  board  of  elections  may send to any spouse, parent, or adult  child, brother or sister of a military voter serving inside  or  outside  of  the  continental  limits  of the United States, an application for a  military ballot, in a form prescribed by the state board  of  elections.  Such  application  shall  be  on a postcard addressed to the appropriate  board of elections and shall include the statement  "I  understand  that  this  application will be accepted for all purposes as the equivalent of  an affidavit and, if it  contains  a  material  false  statement,  shall  subject  me  to  the  same  penalties as if I had been duly sworn". Such  application may be signed by the spouse, parent or adult child,  brother  or  sister  of  such military voter. Upon receipt of such an application  from such a relative of a military voter, the board of  elections  shall  mail  a  military  ballot  to  such  military  voter  together  with  anapplication for a military ballot and instructions that such application  must be completed and returned together with the envelope containing the  military ballot. No ballot sent to a military voter upon the application  of a relative of such military voter shall be cast or canvassed unless a  completed  application for military ballot signed by such military voter  is returned within the time limits  for  the  receipt  of  the  military  ballot itself.    12.  If  the  board of elections receives notice from a military voter  that such voter has left the military service and  is  residing  at  his  residence  address,  such  board shall cross out or otherwise obliterate  the "Military Voter" legend on such  voter's  registration  records  and  thereafter treat such records in the manner provided by this chapter for  regularly registered voters.